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Judgment Search Results Home > Cases Phrase: contract act 1872 Year: 1971 Page 1 of about 1,004 results (0.093 seconds)

Mar 15 1971 (HC)

Raghunath Gopal Daftardar Vs. Sau, Vijaya Raghunath Daftardar

Court : Mumbai

Decided on : Mar-15-1971

Reported in : AIR1972Bom132; (1971)73BOMLR840; ILR1972Bom511; 1972MhLJ110

..... of either party to the marriage was obtained by coercion or fraud, as defined in the indian contract act, 1872. now, fraud is defined in section 17 of the indian contract act, 1872, which runs thus :- ' 'fraud' means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto or ..... act, 1955.10. the difficulty arises because the word 'fraud' is not defined in the hindu marriage ..... not depart from this position, under the hindu law. i am, therefore, of the opinion that section 17 of the indian contract act, 1872, does not apply to a case of fraud under section 12(1)(c) of the hindu marriage act, 1955.12.the question still remains what then is the meaning of the word 'fraud'. d. tolstoy of the law and practice ..... that the word 'fraud' used in section 12(1)(c) of the hindu marriage act, 1955, must also be understood in the sense in which it is defined in section 17 of the indian contract act, 1872. the question, therefore, is whether the provisions of section 17 of the indian contract act, 1872, apply to fraud as understood in section 12(1)(c) of the hindu marriage .....

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Apr 19 1971 (HC)

Union of India and anr. Vs. M. Mariaprakasa Mudaliar Sons Karur

Court : Chennai

Decided on : Apr-19-1971

Reported in : AIR1972Mad140

..... section which is of importance is section 77(1) and it provides:--"a railway administration shall be responsible as a bailee under ss. 151, 152 and 161 of the indian contract act 1872, for the loss, destruction, damage, deterioration, or non-delivery of goods carried by a railway within a period of thirty days after the termination of transit."the next important section ..... deterioration of animals or goods delivered to the administration to be carried by railway shall subject to the other provisions of this act, be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872 (9 of 1872).(2) an agreement purporting to limit that responsibility shall, in so far as it purports to effect such limitation, be void, unless ..... act. sections 72 and 77 are included in chapter vii dealing with responsibility of a railway administration as a carrier ..... learned judge stated:--"section 72 of the act prescribed the general responsibility of the railway administration as carrier of goods. the measure of responsibility for loss, destruction or deterioration of goods is defined by section 72(1) of the act to be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872 subject to the other provisions of the .....

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May 20 1971 (HC)

The Gaya Muzaffurpur Roadways Co. and ors. Vs. Fort Gloster Industries ...

Court : Kolkata

Decided on : May-20-1971

Reported in : AIR1971Cal494,76CWN17

..... taken even in the memorandum of appeal cannot be sustained in the circumstances.15. as a corollary to the above contention. mr. baneriee has relied on section 41 of the contract act, 1872, which provides that when a promises accepts performance of the promise from a third person he cannot afterwards enforce it against the promisor. it was contended that even on the ..... to cases of marine insurance on the basis of definition of 'marine insurance business' then prevailing. 'marine insurance business' has been denned in section 2(13-a) of the insurance act, 1938 as including contracts of insurance of goods insured for any transit by land or water or both. the law relating to marine insurance business was codified by the marine insurance ..... issued to the company, we shall examine the liability of the defendants with reference to the terms therein as also the provisions of the carriers act. under section 6, a common carrier may by special contract signed by the owner of the goods to be carried or by some person duly authorised in that behalf by the owner limit his liability in ..... otherwise limiting the liability of the carrier is of no assistance to the defendant no. 1 when the loss has arisen from the criminal acts of its agents or servants. it must also be remembered that the special contract by the consignment note pleaded by the defendant no. 1 was not admittedly signed by the company or its authorised agent as required .....

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Jun 03 1971 (HC)

Ballo Vs. Paras Ram

Court : Himachal Pradesh

Decided on : Jun-03-1971

Reported in : AIR1972HP33

..... the gift originated with the donor. (2) bhola ram lieri v. peari devi, air 1962 pat 168, where the requirements of undue influence as contemplated by section 16 of the contract act (1872) were explained. it was emphasised that the capacity of donee to dominate the will of donor must be investigated and the nature of the transaction, whether it was unconscionable or ..... of undue influence upon the plaintiff. the exercise of undue influence could be presumed, until the presumption is rebutted by the proof of requirements found in section 16 of the contract act for raising the presumption.17. this case is remanded to the trial court for retrial, according to law, as explained above, and the directions given above. the costs will follow ..... lawyer at all. such facts ought to have been examined from the angle required in examining a case of undue influence falling within the purview of section 16 of the contract act as pointed out in the cases cited above. the question to be decided was whether the inequality of positions of the parties and the disproportion between advantages and disadvantages of ..... donee to establish that the transaction was free from undue influence. (3) debi prasad v. chhotey lal, air 1966 all 438 where the principles underlying section 16 (3) of the contract act and the nature of unconscionable transactions, as distinguished from merely a foolish transactions, were discussed. (4) ladli parshad jaiswal v. karnal distillery co. ltd. karnal, air 1963 sc 1279 where .....

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Dec 20 1971 (HC)

Dayal Singh Vs. Collector of Stamps

Court : Delhi

Decided on : Dec-20-1971

Reported in : AIR1972Delhi131

..... amount of stamp-duty already paid for the mortgage.' we may also consider the definition of 'consideration' in section 2(d) of the indian contract act, 1872 which is as follows:--'(d) when, at the desire of the promisor, the promise or any other person has done or abstained from doing ..... in which the word 'consideration' is used in section 2(d) of the contract act, it is clear that the consideration ..... from doing something, such act or abstinence or promise is called a consideration for the promise.'for, according to section 4 of the transfer of property act, 1882, the chapters and sections of the said act which relate to contracts shall be taken as part of the indian contract act, 1872.3. in the sense ..... ... ... ...' section 148 is as follows:--'on the introduction of the duty on transfers of property- (a) section 27 of the indian stamp act, 1899, as in force in delhi shall be read as if it specifically required the particulars to be set forth separately in respect of property ..... . shri g.l.sanghi learned counsel for dayal singh however argues that the consideration for the transfer is to be determined exclusively under section 24 of the stamp act. according to him, only such transfers of property are covered by the principal part of section 24 'where any property is transferred to any person in consideration .....

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Oct 03 1971 (HC)

Devilal Vs. Himat Ram and ors.

Court : Rajasthan

Decided on : Oct-03-1971

Reported in : AIR1973Raj39

..... air 1961 raj 223).order 30, rule 4. civil p. c. provides as follows:--'4. (1) notwithstanding anything contained in section 45 of the indian contract act, 1872, where two or more persons may sue or be sued in the name of a firm under the foregoing provisions and any of such persons dies, whether ..... 801 and maung mu v. maung kan gvi. air 1924 rang 127. it may be pointed out that under section 44 of the indian contract act where two or more persons have made a ioint promise, a release of one of such joint promisors by the promisee does not discharge theother ..... have full application even when the erstwhile partners are being sued. the case may not be literally covered by section 47 of the indian partnership act, but regard being had to the principle contained therein, there should be no difficulty in holding that the surviving partners even after dissolution represent the ..... defendants effectively represent the interest of the deceased partner himmatram? in this connection attention may be invited to section 47 of the indian partnership act of 1932 which lays down that after the dissolution of a firm the authority of each partner to bind the firm, and the other ..... contract was sanctioned by the city corporation of udaipur in the names of defendants himmatram and narottam swaroop only. it is further borne out from the allegations contained in the plaint and admitted by the defendants that while entering into a subcontract with the plaintiff-appellant devilal, the defendant kanaiyalal acted .....

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Jan 19 1971 (SC)

Jeetmal Ram Gopal Vs. the Union of India (Uoi)

Court : Supreme Court of India

Decided on : Jan-19-1971

Reported in : (1972)4SCC162; 1971(III)LC201(SC)

..... or deterioration of animals or goods delivered to the administration to be carried by railway shall, subject to the other provisions of this act, be that of a bailee under sections 151, 152, and 161 of the indian contract act, 1872.(2) an agreement purporting to limit that responsibility shall, in so far as it purports to effect such limitation, be void, unless it ..... in fact no risk note was even executed by the appellant and on that account, the liability of the railway administration was under section 72(1) of the indian railways act, 1890 as in force in 1948 that of an ordinary bailee. but the appellants in their plaint have expressly referred to the railway receipt no. 721200 dated august 28, 1948 .....

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Aug 25 1971 (HC)

Commissioner of Income-tax Vs. Bijoy Kumar Das

Court : Orissa

Decided on : Aug-25-1971

Reported in : [1972]84ITR351(Orissa)

..... contract act. when, at the desire of the promisor, the promisee or any other person has done or abstained from doing or does or abstains from ..... not been defined either in the sales tax act or in the sale of goods act. in section 2(10) of the sale of goods act 'price' means the money consideration for a sale of goods. section 2(15) of that act says that expressions used but not defined in that act and defined in the indian contract act, 1872, have the meanings assigned to them in the ..... doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is ..... called a consideration for the promise (section 2(d) of the contract act .....

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Apr 14 1971 (HC)

Muthabathula Arjayya Vs. Rambala Venkata Surya Gopala Krishanamurthy a ...

Court : Andhra Pradesh

Decided on : Apr-14-1971

Reported in : AIR1974AP240

..... is opposed to the nature of the interest affected thereby or (2) for an unlawful object or consideration within the meaning of section 23 of the indian contract act , 1872 or (3) to a person legally disqualified to be transferee .'14. it is well-settled that any agreement of sale in regard to property which cannot ..... being after obtaining a ryotwari patta is not opposed to the nature of the interest in the inam land. the provisions of section 23 of the contract act are also not attracted because the object or consideration of the sale agreement is not unlawful. the object of the agreement is to sell the property ..... and such a sale would be for an unlawful object or consideration within the meaning of section 23 of the indian contract act. in support of the contentions that the policy of section 5 of act iii of 1895 is not to divest an inamdar of the enjoyment of the land, reliance is placed on a ..... policy. we are, therefore, of the opinion that clause (h) of section 6 of the transfer of property act is not attracted. we are also of other opinion that section 23 of the indian contract act is also not attracted. we do not think it necessary to refer to the decision cited by the learned counsel ..... of acquiring by purchase later on , to be bad in law . there is nothing in the contract act or any law which makes invalid .'17. the provisions of clause (d) of section 6 of the transfer property act are not attracted in the instant case. even though the ryotwari patta of the suit land had not .....

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Nov 11 1971 (HC)

Commissioner of Income-tax Vs. P.M. Paily Pillai

Court : Kerala

Decided on : Nov-11-1971

Reported in : [1972]86ITR516(Ker)

..... .r. 503 (ker.) held that the document is for adequate consideration. the relevant part of this judgment reads thus:'section 25(1) of the indian contract act, 1872, provides that an agreement made without consideration is void, unless it is expressed in writing and registered under the law for the time being in force for ..... section 488 of the code of criminal procedure. even such a thing we are unable to visualise in this case because the son had no contracting capacity and he could not have made a valid promise to give up his right to seek maintenance under section 488 of the code of criminal ..... is 'devoid of consideration' in the sense in which that term has to be understood when we speak of a contract. the expression 'adequate consideration' in section 64(iv) of the income-tax act, 1961, uses the word 'consideration' in the sense in which it is understood in agreements enforceable at law. so ..... entitled to evict the tenants and take possession. the value of the property is approximately rupees fifteen thousand.'3. section 64(iv) of the income-tax act, 1961, runs thus :'64. income of individual to include income of spouse, minor child, etc.--in computing the total income of any individual, there shall ..... right in holding that the deed does not evidence a transfer otherwise than for adequate consideration within the meaning of section 64(iv) of the income-tax act ?'2. the year of assessment is 1964-65 relating to the accounting period that ended on march 31, 1964. on the 22nd of march, .....

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